You are the successor trustee. How do you transfer ownership of real property out of the trust?
The transfer of real estate property out of a trust from a person who has died requires . . .
These documents must be recorded with the Bureau of Conveyances for real estate in Hawaii.
Transfer Real Property Out of Trust to Beneficiaries
We prepare affidavit death of trustee and quit claim transfer deed; prepare and file required transfer tax exemptions and record the affidavit and deed with the proper government authority.
For More Information Or To Get Started. . .
Total cost for after death trust transfer of real property in Hawaii is $249 for affidvit and $249 for transfer deed from trust to heirs. Includes all filing fees.
More About Post Death Trust Transfers of Hawaii Real Estate Property
Deed and Record provides internet service for Successor Trustees. Deed and Record prepares the affidavit death of trustee and the quit claim transfer deed; prepares and files required transfer tax exemptions and records the affidavit and deed with the Bureau of Conveyances.
Real estate property held in trust by a person who has died can be transferred as directed in the trust without going through probate. The transfer often requires two documents; an affidavit death of trustee and a quit claim deed. The quit claim deed is from the trust to the beneficiaries of the trust.
Affidavit Death of Trustee
This document is a declaration, under oath, by the successor trustee. The successor trustee declares the owner has died and attaches a certified copy of the death certificate. The successor trustee further declares he or she is authorized to take control of the real estate property according to the terms of the trust.
The affidavit is filed with the county recorder or the Bureau. It is now of public record the successor trustee has the authority to take control. Control is limited to what is directed by the trust. Typically, the trust directs the successor trustee to distribute the real estate property to specified persons.
Quit Claim Deed
The second step is preparing a quit claim deed from the trust to the beneficiaries of the trust or entering into a listing agreement for the sale of the real property. If sold, the proceeds from the sale of the real property are distributed to the persons identified in the trust and quit claim deed is not needed.
A quit claim deed does not contain any implied warranties. The successor trustee who “quit claims” real estate simple conveys whatever ownership interest the trust has along with any debt or loans secured by the property. The successor trustee makes no promises and the property is taken “as is.” A quit claim is the easiest and cheapest way to transfer ownership out of a trust.
For more information
call 949-474-0961 or go to www.deedandrecord.com
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